Terms of Service

These Terms of Service (these "Terms") of ROSTR, Inc. ("we," "our," or "us") are an agreement that describes your rights and responsibilities as a ROSTR user.

These Terms govern how you may access and use ROSTR’s websites, social media accounts, software applications, emails, text and SMS messages, and feeds (e.g. Real Simple Syndication feeds, Atom feed), and any of the media content (e.g. articles, catalogs, photos, product descriptions) available through those Services. Collectively, our "Service" or "ROSTR").

BEFORE YOU START USING ROSTR, WE STRONGLY RECOMMEND THAT YOU REVIEW THE FOLLOWING TERMS OF SERVICE. BY ACCESSING ANY OF OUR SERVICES YOU FULLY ACKNOWLEDGE AND UNCONDITIONALLY AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS. 

1. Who Can Use our Services?

1.1 Eligibility 

By accessing our Services, you represent that you are of sound mind and body to agree to these Terms of Service  and in possession of the full rights and/or authorization to: (a) agree to these Terms of Service, (b) agree to and pay for any transaction made by you, whether for your own benefit or the benefit of a  third party, in connection with our Services; (c) authorize the use of your User Content, as described in this Agreement, and (d) submit any contact information, financial information, and other personal and sensitive information provided in connection with our Services, whether for your own benefit or the benefit of a third party.  You must be at least eighteen (18) years of age to make use of ROSTR’s publicly-available Services, unless you have the prior express consent of a parent or guardian and are over the age of thirteen (13); under all circumstances,you must be eighteen (18) years old or older to engage in a transaction with ROSTR with respect to any premium or subscription services. 

1.2 Non-Eligibility

We reserve the right to terminate your use of, and access to, our Services at any time, for any reason, with or without notice – including but not limited to for any violation of these Terms of Service. 

Among other requirements, you may not use our Services if you are:  

i. Currently restricted or prohibited from using our Services; 

ii. A past, present, or imminent competitor of ROSTR and/or closely connected to one or more of our past, present, or imminent competitors; 

iii. Acting on behalf of another person or entity without that person or entity’s permission;

iv. Under a legal obligation that restricts and/or precludes your use of our Services; and/or

v. Otherwise unwilling to fully agree to and follow all of these Terms of Service.  

1.3 No Guarantees re: Eligibility  

While we make every effort to keep a tight-knit community based on strict eligibility criteria, we make no warranty or representation that every user satisfies our eligibility criteria; there may be ineligible individuals who still gain access to and/or use our Services.

1.4 Immediate Termination.  

You need to immediately close your browser window, cancel any agreement or subscription you may have with ROSTR, and cease from all further use of our Services if you are or become ineligible to use these Services.  You further agree to email support@rostr.cc with the subject “End Use” with details about your reason for ceasing all further use.

2. Basic Standards of Conduct 

2.1. Summary of Standards

ROSTR’s Basic Standards of Conduct should be easy to follow.  Here are 3 Simple Guidelines that will help:

i. Treat ROSTR, our Affiliates, our service providers, and our community members kindly and respectfully.   Do not use the content and information available through ROSTR to harass, stalk, impersonate, disparage, or otherwise mistreat any persons, companies, or artists.

ii. Be truthful with the information and other User Content you provide.  Present yourself honestly and up-to-date.  Don’t lie about who you are or who you represent, and double-check that you are submitting accurate information. 

iii. Don’t try to breach our security, disrupt our technology, or misappropriate our intellectual property.  Among other things, you cannot use automated data collection tools to scrape or otherwise collect information that ROSTR has furnished through its website.

2.3 Improper Use

Your use of our Services shall not directly or indirectly constitute, involve, attempt, aid, support, incite, encourage, advise, bring about, and/or facilitate any of the following:  

i. A violation of a law;

ii. A violation of a rule, regulation, and/or standard of conduct;

iii. Infringement of another’s personal and/or property rights (including, but not limited to, infringement of intellectual property rights, moral rights, privacy rights) or any other improper disclosure of privileged, private, confidential, and/or proprietary information;

iv. A breach of an agreement, legal obligation, or responsibility;

v. Disclosure and/or discovery of a person or entity’s information beyond that which is legitimately intended to be made publicly available;

vi. An implication or indication of involvement with, or endorsement by ROSTR when ROSTR has not specifically granted permission to make such an implication or indication;

vii. Interference with an existing business relationship and/or contract;

viii. An unlawful, unfair, and/or deceptive business act, practice, or scheme;

ix. Support for, or advancement of a potential or actual ROSTR competitor;

x. Threats, harassment, intimidation, abusive conduct, and/or bullying;

xi. Extortion, fraud, and/or identity theft;

xii. Obscenity, vulgarity, and/or pornography;

xiii. Impersonation, misrepresentation, and/or another reckless or knowing provision of false, incomplete, inaccurate, or outdated information (whether by text, image, photo, audio, video, or otherwise);

xiv. Libel, slander, defamation, or other attack on character or reputation;

xv. Hate speech, prejudice, and/or unlawful discrimination; 

xvi. Tortious conduct not previously described; and/or

xvii. Any other violation of these Terms of Service.

2.4 Everyone Should Feel Welcome

You agree that you shall not attempt to or actually interfere with another user’s legitimate, good-faith use and/or enjoyment of our Services.  

2.5 Malicious Conduct and/or Content

You shall not use our Services, attempt to use our Services, or seek to emulate ROSTR, to engage in spamming, phishing, harvesting, unauthorized advertising (including, but not limited to, bulk emailing, pyramid schemes, commission-based opportunities, contests, offers), or the circulation of viruses or other malicious programs and/or code; this includes Trojan horses, spyware, worms, Easter eggs, time bombs, and any other harmful and/or invasive files, programs, or code.

2.6. Respect the Integrity of Our Technology & Operations.  

i. Proper Working Order.  You agree that you shall not attempt to disrupt or actually disrupt, manipulate, or otherwise interfere with the proper working order of any servers, networks, systems, and other technologies belonging to ROSTR, our Affiliates, and/or any of our third party providers.  Under no circumstances shall you attempt to or actually disrupt, alter, or modify any aspect of our Services or the services of our Affiliates and/or third party providers.  This paragraph includes but not limited to disruption and unauthorized modification of our website and/or the information and content therein provided.

ii. Permitted Interfaces Only. You shall utilize only those interfaces publicly provided by ROSTR, its Affiliates, and its third party providers, when interacting with our Services.  You shall only access that which ROSTR, its Affiliates, and its third party providers deliberately make available to you, within the bounds of reasonably intended use.  You shall not attempt to, or actually access any information, data, code, and/or other material belonging to ROSTR, it Affiliates, and/or its third party providers that is not intended for public access and/or consumption– through hacking, password mining, identity theft, and/or another breach of authentication and/or security.   Likewise, you are not allowed to test or probe the security or vulnerability of our Services, networks, servers, or other technologies.  Insofar as ROSTR offers subscription services, premium features, and/or invite-only access, you shall not attempt to access those services or features without payment and/or prior express written authorization by ROSTR.  

iii. Excessive Load. Your use of our Services shall not impose any excessive load or unreasonable demand – per our determination – on the infrastructure, systems, servers, or other technology and operations of ROSTR, its Affiliates, and/or its third party providers.

iv. Reverse Engineering. You shall not attempt to or actually reverse engineer, decompile, duplicate, mimic, render generically, or otherwise derive the code underlying any aspect, feature, function, or detail concerning or relating to our Services, except to the extent that such a restriction is expressly forbidden by law. 

2.7 ROSTR’s Data, Information, IP Materials, Code & Content. 

You agree that you are strictly forbidden from the following with respect to our data, information, intellectual property, materials, code, and content (including, without limitation, listings and profiles reflecting names, contact information, and other data and information with respect to persons, companies, and artists in the music industry.)

i. Displaying, publishing, transmitting, licensing, sublicensing, distributing, exhibiting, and/or making commercial use of these items beyond our prior express written consent and without the express written consent of the rightful owner of such items;

ii. Downloading, extraction, copying, indexing, and/or collection of these items (including, without limitation, use of a robot, spider, data miner, crawler, scraper or similar tool);

iii. Duplication, rebranding, and/or derived usage of these items;

iv. Deleting or modifying the substance and/or appearance of these items without ROSTR’s prior express written consent;

v. Displaying these items out of context, obscuring them, including them alongside objectionable content, or otherwise failing to present them as fully intended; and

vi. Other manual and/or automated means of improper access or retrieval.

2.8 Limit: One Account per Person.  

ROSTR reserves the right to require that you register to use part or all of our Services. You are allowed to create a single account for yourself, as a natural person.  You may create an additional account for each entity/person who authorizes you to agree to these Terms of Service with prior express written authorization.  ROSTR reserves the right to reject or require a change as to your registration information (e.g. username, password, email account), for any reason, at its sole discretion.

2.9. Each User Is Responsible for His/Her/Its Own Account, User Content, & Information.   

Your account, User Content, passwords, personal information, and financially-sensitive information are your responsibility.  You and you alone are responsible for all actions and omissions arising out of, and/or relating to your account, User Content, and/or use of our Services. Any User Content or information you provide to us is at your own risk of liability, harm, loss, damages, expenses, fees, costs, and/or fines – ROSTR shall not be responsible or liable for your User Content.

2.10 Unsavory Conduct.  

There is always a chance that, during the course of using our Services – including, but not limited to, during the course of interacting with persons who have either contacted you or been contacted by you in connection with a listing on ROSTR –  you may encounter people, behavior, interactions, content, and/or other material that you consider inaccurate, objectionable, inappropriate, hostile, indecent, and/or worse.  Therefore, you acknowledge and agree that you use our Services at your own risk of encountering such people, behavior, interactions, content, and/or other material; you acknowledge and agree that you shall not, under any circumstances, hold ROSTR or its Affiliates responsible or liable in connection with such persons, behaviors, interactions, content, and/or other material.

2.11 Notice to Parents

You are hereby notified, pursuant to 47 U.S.C. Section 230(d), that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors; for information about current providers, visit: http://kids.getnetwise.org  and http://onguardonline.gov.  To be clear, ROSTR does not specifically endorse any site or tool with respect to parental control protection.

2.12 Non-Audit of Content 

ROSTR does not guarantee that it will audit, analyze, or review User Content, embedded media content, and/or third party content before it goes live. You likewise acknowledge and agree that many of the listings and much of the information appearing through our Services is gathered from publicly-available sources which we do not verify or double-check.  Neither ROSTR nor its Affiliates is in any way responsible for what is published as User Content, third party content, or other listing/profile information in connection with our Services, and we are under no obligation to edit or control User Content, third party content, or listing/profile information. While we like to make efforts to help our users and good-faith members of the general public, we make no warranties or representations regarding responding to User Content issues, third party content issues, or other issues arising out of, or relating to our Services; it is possible that your issue may go unaddressed.  That said, we reserve the right to delete any User Content or any other content at any time for any reason without notice, cause, or consent.

2.13 Linking & Deep Linking to ROSTR 

You agree that you will not link to our Digital Services (including but not limited to our website) in an effort to disrupt, obstruct, harass, defame, unfairly profit from, or otherwise harm us.  Furthermore, you agree that deep linking to our Digital Services is strictly prohibited without our prior express written consent.

2.14 Report Suspicious or Improper Conduct

You agree to immediately notify ROSTR of any unauthorized use of your account, any breach of security, or any other suspicious or improper usage of our Services (including, but not limited to, reporting inappropriate conduct occurring in real-life, as a result of contact which originated in connection with a ROSTR listing or profile).   Likewise, you agree to immediately notify ROSTR with a detailed explanation if you believe you or any other user has committed or will commit a breach of these Terms of Service.  You can make such a report by emailing legal@rostr.cc with the subject line “Improper Conduct” and a detailed account of the issue.  

2.15 Framing & Hidden Technology

You may not utilize framing or mirroring techniques to enclose any ROSTR trademark, logo, image, text, layout, format, or other proprietary information or intellectual property, without our prior express written consent. You may not utilize any "hidden text" (e.g. meta tags) that references ROSTR’s proprietary information or intellectual property without our prior express written consent.  You may not remove any trademark notice, copyright notice, or other notice of proprietary rights appearing in connection with our Services.

2.16 User Content Is Public

Your User Content is considered to be public and non-confidential in its entirety – it may be discovered, and/or attributed to you, and used by ROSTR and its Affiliates as described in these Terms and Conditions.  Furthermore, insofar as you attempt to update, revise, and/or remove any User Content, ROSTR makes no guarantees regarding whether or when such update, revision, and/or removal will take effect. 

2.17 Embedded Media

ROSTR may enable you and/or other users to embed video, audio, and multimedia content - such recordings, live performances, interviews, images, and gifs - in the course of building profiles, updating listings, and otherwise using our Services.  You acknowledge and agree that all embedded media content is provided pursuant to one or more applicable licenses granted by the third party provider(s) whose technology ROSTR uses to offer embedding (e.g. YouTube, Spotify). ROSTR agrees that it will only make use of the embedded media content as permitted by applicable license, and will not make any claim to intellectual property rights around embedded media content, except to the extent that such content is created by ROSTR and/or separately licensed, transferred, sold, and/or provided to ROSTR.  You acknowledge and agree that embedded media content appearing in connection with our Services is not hosted by ROSTR, but rather by a third party provider(s). You further acknowledge and agree that you will not hold ROSTR and/or our Affiliates responsible for the acts and/or omissions of (a) any third party provider licensing the embedding technology and/or embedded media content; and (b) any third party who created and/or published the embedded media content. All embedded media content appearing in connection with our Services is for convenience and entertainment purposes only.

3. License to Use Services 

Provided that you fully agree to these Terms of Service – and are capable of conducting yourself in accordance with them at all times– you will be granted a limited, non-exclusive, non-sublicensable, non-transferable, non-delegable, non-assignable, fully revocable license to access and make use of our Services, strictly as intended, in accordance with our terms and conditions (e.g. these Terms of Service). ROSTR reserves the right to limit, suspend, or revoke this license at any time, for any reason, without notification or warning.  

3.1 Our Rights

Terms, Services & Access.  ROSTR reserves the right to do any and all of the following at any time, effective immediately, without liability, cause, notice, or preservation obligation:

• Add to, remove, or modify any and/or all of our terms and conditions (including, but not limited to, these Terms of Service and our Statement on Privacy) – in which case, your subsequent access and/or use of our Services constitutes acceptance of the amended term(s) unless you expressly notify us otherwise.

• Suspend, discontinue, remove, interrupt, restrict, update, improve, or otherwise modify (a) our Services, (b) features, functions, details, and/or portions of our Services, and (c) material, data, information, code, and/or content arising out of, or relating to our Services – including, without limitation, the right to freely add, update, modify, revise, limit, and/or remove any information and/or accompanying media as to persons, companies, and artists involved in the music industry; and

• Refuse, suspend, terminate, ban, restrict, or otherwise modify your, or any other person’s, access to and/or ability to use: (a) our Services, (b) features, functions, details, or portions of our Services; and/or (c) material, data, code, information, and/or content arising out of and/ or relating to our Services.

3.2 Rejection of Modifications

If you do not wish to be bound by modifications relating to our terms, Services, or access rights, you must stop using our Services immediately and cease from all further usage of our Services, including, without limitation.  You further agree to email support@rostr.cc with the subject “End Use” and details about your reason for ceasing all further use of our Services.

3.3. No Obligation to Act/Refrain

ROSTR is under no obligation – and shall face no penalty, liability, damage, claim, suit, or loss – to take action or refrain from taking action with respect to maintaining, updating, modifying, improving, and/or providing: (a) our Services; (b) features, functions, details, or portions of our Services; (c) terms and /or conditions relating to our Services; and/or (d) material, data, information, and/or content arising out of, or relating to, our Services – including without limitation information as to persons, companies, and artists involved in the music industry.  That said, ROSTR encourages you to contact us if you believe we have listed information which is incorrect, out-of-date, in violation of privacy rights, or otherwise improperly and/or inaccurately published; we strive to do right by our community and, generally, the public.

3.4 License to ROSTR

Subject to the conditions and limitations set forth in these Terms of Service and Statement on Privacy, and to the extent legally permitted, you hereby grant a perpetual, irrevocable, non-exclusive, royalty-free, fully sub-licensable, worldwide license to exercise any and all rights you may have as to any content, data and information arising out of and/or relating to your use of our Services.  Likewise, subject to our Statement on Privacy, you agree that ROSTR may, at our sole discretion: copy, reproduce, adapt, translate, sell, distribute, syndicate, publish, transfer, communicate, modify, exhibit, advertise, market, create derivative works from, display, make commercial use of (including currently known and future, currently unknown commercial uses), and/or otherwise use your content, data and information arising out of and/or relating to your use of our Services throughout the world in any media in any manner, fashion and/or context we wish.  Furthermore, you represent that you have full authority and right to grant these licenses and waive these rights pursuant to these Terms of Service.  You acknowledge and agree that content, data, and information pertinent to this paragraph includes, without limitation: your User Content, as well as any data regarding your use of and interactions with our website (e.g. Personal Data and Usage Data as defined in our Statement on Privacy).

3.5. Handling Your Data, Information & Content.  

You agree that, except as otherwise specified in our Statement on Privacy,  ROSTR may store, save, retain, delete, or destroy any and all content, information and/or data it collects – including but not limited to your User Content – as it deems fit, with or without notice or cause, effective immediately, provided that ROSTR’s practices comply with applicable law. Please carefully review our Statement on Privacy for specific details about how we collect, process, and use personal and usage data arising out of your interactions with our Services.  

3.6. All Rights Reserved 

Excepting your User Content and any embedded media content you own, all code, content, materials and information that are included in our Services – in various formats, including, but not limited to, images, illustrations, photographs, posters and banners, messages, videos, audio, software, data, and text – is the property of ROSTR or one or more third-parties (“ROSTR Content”).  ROSTR Content is protected by the copyright laws, trademark laws, patent laws, and other intellectual property laws of the United States and other countries – and you acknowledge and agree all copyrights, trademark rights, and other proprietary rights and interests arising out of and/or relating to the ROSTR Content are owned by us or our licensors to the fullest extent permitted under applicable law.  Except as expressly authorized in these terms and conditions, or with the prior express written consent of ROSTR and/or the applicable third party, you may not use, download, upload, copy, print, enter into a database, exhibit, display, perform, sell, lease, rent reproduce, republish, license or sublicense, post, create derivative works from, transmit, distribute, share, or otherwise exploit or make commercial use from ROSTR Content in whole or in part.  You further acknowledge and agree that all rights in the ROSTR name, trade names, logos, service marks, trade dress, slogans, and designs – regardless of the size of the print or the presence of a legal designation (e.g., ™, ® or ©) – are the exclusive property of ROSTR and/or its licensors, and are protected by United States and international law from reproduction, imitation, confusing and/or misleading usage, dilution, and/or any other unfair usages.  Nothing expressly stated or implied by these Terms of Service – or by our Services in general – shall give you any right, license, or other form of permission to use the ROSTR name, or any trade names, logos, service marks, trade dress, slogans, and designs that belong to ROSTR and/or our licensors; your use or misuse of intellectual property belonging to ROSTR and/or its licensors is hereby expressly prohibited.  If you wish to obtain permission to use ROSTR’s trademark or other ROSTR Content, or if you have any questions about these terms, please direct your inquiries to us at legal@rostr.cc.

3.7 Messages & Notifications to Our Community

For the purpose of service messages and notices intended for general consumption, we reserve the right to contact you through any means we choose, including by mail, telephone, email, social media, or website banner; you agree that any means of contact we choose will suffice for the purpose of providing adequate, timely legal notice.

3.7. Taxes

You acknowledge and agree that you – and not ROSTR – are responsible for any and all applicable local, county, state, federal, and/or international taxes associated with any purchases arising out of and/or relating to our Services (e.g. premium and subscription services).  This paragraph includes but is not limited to, sales, excise, import, export, use, personal property, value-added, an electronic/e-commerce taxes.

3.8 Catch-All  

To the fullest extent permitted by law, ROSTR reserves any and all rights and interests relating to our Company, our Affiliates, and our property which were not expressly enumerated in these Terms of Service, including, but not limited to, rights relating to ownership, title, copyright, patent, proprietary rights, and trademark.

4. Statement on Privacy

ROSTR values your privacy rights. We strongly recommend that you fully review our Statement on Privacy. 

This Statement on Privacy governs how we collect and use your information.  Our Statement on Privacy is incorporated by reference into these Terms of Service; by agreeing to our Terms of Service, you acknowledge and fully agree to be bound by the terms and conditions set forth in our Statement on Privacy.

5. Charges and Payment

5.1 Subscription Plans

We may offer plans that allow you to use certain aspects of ROSTR, either for free or for a fee (a "Subscription Plan"). We may change Subscription Plans by offering new services or features for additional fees and charges. We may also amend fees and charges for existing Subscription Plans in our sole discretion. 

Any change to a Subscription Plan’s pricing or payment terms will become effective in the billing cycle following notice of such change to you as provided in these Terms. 

5.2 Billing and Payment

For any paid Subscription Plan, you agree to make payments, and we may automatically charge your Payment Method for so long as your ROSTR Subscription Plan remains active. 

Subscription Plans may be offered for a set subscription period ("Subscription Term"). If you sign up for a paid Subscription Plan, you agree to the pricing and payment terms specified at checkout or as otherwise communicated to you. 

When you initiate a purchase transaction, you authorize ROSTR to provide your payment information to third parties to complete your transaction and charge your Payment Method, in United States dollars, for the Subscription Plan you have selected (plus any applicable taxes and other charges) and any applicable recurring charges as described below. 

You will pay any applicable taxes relating to any such transaction and are also responsible for any payment-related fees such as wire transfer fees, credit card processing fees, and foreign transaction fees. 

We currently use Stripe as our payment services provider, and by using ROSTR you agree to Stripe’s Services Agreement. If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to us. All payments for transactions are non-refundable and non-transferable except as expressly provided in these Terms.

5.3 Renewals

Your subscription continues until cancelled by you or we terminate your access to or use of ROSTR in accordance with these Terms. 

All Subscription Plans will automatically renew until cancelled by you for renewal terms equal in length to the original Subscription Term. If you do not want a Subscription Plan to renew, you must cancel your Subscription via your account settings page in your ROSTR account or by emailing support@rostr.cc.  

By agreeing to these Terms and electing to purchase a Subscription Plan, you acknowledge that your Subscription Plan has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your subscription by you or us.

5.4 Cancellations

If we terminate your Subscription Plan, except in the event of your breach or failure to pay fees when due, we will grant you a prorated refund for the remaining unused portion of your Subscription Term. 

You are not entitled to a refund for any Subscription Plan that you cancel. If you cancel or terminate your Subscription Plan, your right to use features associated with that Plan will continue until the end of your then-current Subscription Term and then terminate without further charges.

5.6 Late Payments

Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less (plus the costs of collection).

6. Free Trials 

ROSTR may offer Free Trial periods to allow users to trial Subscription Plans before purchase. 

6.1 Free Trial Periods

Free Trial Periods may vary in length and availability. The length of a Free Trial is displayed to a user when electing to opt-in to a Free Trial. 

6.2 Free Trial Limits

Free Trials are limited to one Free Trial Period per Subscription Plan, per customer. Efforts to circumvent this restriction, including, but not limited to, creating multiple ROSTR accounts may result in your removal from the service entirely & restrictions on creating accounts in the future. 

6.3 Free Trials Requiring Credit Cards

Free Trials may, or may not, require a payment method to enroll in the trial. 

Where a trial does require a payment method, your payment method will be approved at the beginning of the trial but you will not be charged yet. 

At the end of the Free Trial period your payment method will be automatically charged for one Term of the Subscription Plan you selected. 

Should you choose not to continue with the Subscription Plan it is your responsibility to cancel your subscription from the Manage Subscription page in your account before the end of your trial. 

6.4 Free Trials Without Credit Cards 

ROSTR may offer Free Trials that do NOT require you to enter credit card details.

At the end of these trials you will need to enter a payment method to continue to use the Subscription Plan. If you do not successfully enter a payment method or choose not to continue with the Subscription Plan your account will be downgraded to a free Plan. 

6.5 Cancelling Free Trials 

You can cancel a Free Trial at any time before the end of the Trial Period by visiting the Manage Subscription page in your account. Cancelling your trial will immediately downgrade your account to a Free plan. 

7. Termination

7.1 Termination by ROSTR 

ROSTR reserves the right – whenever we choose, effective immediately, without liability, cause, notice, or warning – to suspend, terminate, ban, interrupt, restrict, or otherwise modify your (or any other User’s) access to and/or use of our Services, or any functions, details, features or portions of our Services.  This includes, but is not limited to, cancelling a subscription for Services and refunding any unused balance, restricting the scope of your use or access, requiring additional costs and/or raising prices, deleting your User Content, and/or outright banning you for an indefinite period of time.

7.2 Termination by You

If you wish to terminate your account and/or no longer utilize ROSTR’s Services, you may do so at any time. Email suppport@rostr.cc to delete your account and, to the extent required by law,  Personal Data and Usage Data, as those terms are defined in our Statement on Privacy. 

To the extent legally permitted, and subject to the permissions and limitations set forth in our Statement on Privacy and these Terms of Service, you acknowledge and agree that termination has no impact on our ability to process and use the information and content you communicated to ROSTR, except that you may have the right to object to and/or restrict usage of certain types of data and information, depending on your jurisdiction and the nature of processing/usage.  Please visit our Statement on Privacy for more information.  .  

7.3. Clauses Surviving Termination

All terms and conditions in these Terms of Service which are reasonably intended to survive termination shall so survive, regardless of which party terminates. This includes, without limitation, the terms and conditions set forth in the following Sections and Paragraphs: Section 1 (“Definitions”); Section 3.c (“Everyone Should Feel Welcome); Section 3.d (“Malicious Conduct & Content”); Section 3.e (“Respect the Integrity of Our Technology & Operations”); Section 3.f (“ROSTR’s Data, Information, IP Materials, Code & Content”);  Section 3.h (“Each User Is Responsible for His/Her/Its Own Account, User Content & Information”); Section 3.i (“Unsavory Conduct”); Section 3.k (“Non-Audit of User Content”); Section 3.l (“Linking & Deep-Linking to ZZ”); Section 3.m (“Report Suspicious or Improper Conduct”); Section 3.n (“Framing & Hidden Technology”); Section 3.o (“Your User Content Is Public”); Section 3p (“Embedded Media”); Section 5 (“Our Rights”), except for Section 5.b (“Rejection of Modifications”); Section 6 (“Statement on Privacy”); Section 7.c (“Continuing Usage”); Section 7.d (“Survival”); Section 8 (“Disclaimers, Limitations & Indemnification”); Section 9 (“Choice of Law, Jurisdiction, Mandatory Arbitration & Class Action Waiver”); and Section 10 (“Miscellaneous But Important”).  ZZ’s Return & Cancellation Policy and Privacy Policy, which are each hereby incorporated, also survive termination.  Each surviving term and condition shall survive until its purpose is fulfilled and/or no longer applicable – or, otherwise, indefinitely.  To the extent any of the foregoing Sections, Paragraphs, and Policies contain one or more provisions which are not applicable as to this Section 7.d (“Survival”), the parties acknowledge and agree that the inapplicable provision(s) shall simply be severed from interpretation, and that the rest of the provisions shall survive as described in this Section.

8. Disclaimers, Limitations & Indemnification

8.1 Restrictions on Disclaimers & Limitations of Liability

You acknowledge that the disclaimers and limitations specified in this Section 8 cannot and shall not be construed to preclude you from exercising your legal rights to seek relief pursuant to an otherwise applicable consumer protection statute.  For example, if you are a consumer who resides in the State of New Jersey, many of these disclaimers and limitations do not apply to you and have no impact on your rights or remedies, namely disclaimers and limitations of liability and damages with respect to any statutory, special, exemplary and/or punitive damages, indirect, incidental, consequential, and/or reliance damages, lost profits, loss of data, and misuse of data.

8.2 DISCLAIMERS

You acknowledge and fully agree to the following: 

• TO THE EXTENT ALLOWED BY LAW, ROSTR AND ITS AFFILIATES PROVIDE ALL SERVICES – AND ALL PROGRAMS, APPLICATIONS INFORMATION, MATERIALS, DATA AND CONTENT THERETHROUGH AVAILABLE – ON AN "AS IS,'' “WITH ALL FAULTS”, AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, OR STATUTORY.  TO THE EXTENT ALLOWED BY LAW, ROSTR AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, THAT MAY ARISE IN CONNECTION WITH OUR SERVICES – AND ALL PROGRAMS, APPLICATIONS, INFORMATION, MATERIALS, DATA AND CONTENT THERETHROUGH AVAILABLE – INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND INFRINGEMENT, AS WELL AS ANY OTHER IMPLIED WARRANTY THAT MAY ARISE FROM THE COURSE OF DEALING, USAGE, PERFORMANCE OR TRADE.   YOU ACKNOWLEDGE AND AGREE NEITHER ROSTR NOR ITS AFFILIATES WARRANTS OR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, USE, OR EFFICACY OF OUR SERVICES – OR ANY INFORMATION, MATERIALS, DATA, AND CONTENT THERETHROUGH AVAILABLE.  NEITHER ROSTR NOR ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, THAT INFORMATION, DATA, MATERIALS, AND CONTENT AVAILABLE THROUGH OUR SERVICES WILL BE ACCURATE, PRECISE, COMPLETE, RELIABLE, UP-TO-DATE, AND/OR FREE OF INAPPROPRIATE CONTENT.   THIS PARAGRAPH, INCLUDES, WITHOUT LIMITATION, A DISCLAIMER AS TO ALL LISTINGS, CONTACT INFORMATION, AND OTHER PROFILE INFORMATION RELATING TO PERSONS, COMPANIES, AND ARTISTS INVOLVED IN THE MUSIC INDUSTRY – ROSTR MAKES NO PROMISES, WARRANTIES, OR GUARANTEES REGARDING THE ACCURACY, PRECISION, COMPLETENESS, UP-TO-DATENESS, EFFICACY, QUALITY, OR LEGITIMACY OF SUCH INFORMATION; ROSTR CAUTIONS THAT SUCH INFORMATION MAY BE SUBJECT TO FALSITY, MISREPRESENTATION, IMPERSONATION, AND/OR UNAUTHORIZED DISCLOSURE.

• ROSTR AND ITS AFFILIATES RESERVE THE RIGHTS TO FULLY ASSIGN AND DELEGATE THEIR RIGHTS AND OBLIGATIONS IN CONNECTION WITH THESE TERMS & CONDITIONS, ITS SERVICES, AND ANY RELATED TRANSACTION. IF ROSTR AND/OR ITS AFFILIATES ASSIGN RIGHTS IN CONNECTION WITH THESE TERMS & CONDITIONS, ITS SERVICES, AND/OR ANY RELATED TRANSACTION, YOU WILL NOT BE ENTITLED TO ASSERT ANY CLAIMS, DEFENSES, SETOFFS, OR COUNTERCLAIMS AGAINST ROSTR’S ASSIGNEE THAT SHALL NOT BE ASSERTED AGAINST ROSTR.

• ROSTR & ITS AFFILIATES DISCLAIM ANY DUTIES, RESPONSIBILITIES, LIABILITIES, AND OBLIGATIONS IN CONNECTION WITH ANY “FORWARD-LOOKING STATEMENT” WE MAKE.

• NEITHER ROSTR NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIRD-PARTY INTELLECTUAL PROPERTY AND/OR RELATED RIGHTS AS THEY ARISE IN CONNECTION WITH OUR SERVICES.  

• NEITHER ROSTR NOR ITS AFFILIATES IN ANY MANNER WARRANTS THAT: OUR PRODUCTS AND/OR SERVICES FUNCTION OR WILL FUNCTION IN AN UNINTERRUPTED AND/OR ERROR-FREE MANNER; INFORMATION, MATERIALS, CONTENT, AND/OR DATA AVAILABLE THROUGH OUR SERVICES WILL BE AVAILABLE AND/OR PRESERVED; MALFUNCTIONS OR DEFECTS WITH OUR SERVICES HAVE BEEN OR WILL BE CORRECTED; OUR SERVICES ARE AND WILL BE SECURE; OR OUR SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE AND WILL CONTINUE TO BE FREE OF VIRUSES OR OTHER HARMFUL AND/OR DESTRUCTIVE COMPONENTS.  NEITHER ROSTR NOR ITS AFFILIATES WARRANTS THAT ANY MESSAGE, EMAIL, OR ATTACHMENT WE SEND – OR ANYTHING ELSE WE MAKE AVAILABLE FOR DOWNLOAD OR ACCESS – IS FREE OF VIRUSES OR OTHER HARMFUL OR DESTRUCTIVE COMPONENTS.  TO THE EXTENT YOU SEEK TO PROVIDE USER CONTENT (E.G. LISTING INFORMATION, CONTACT INFORMATION, PROFILE INFORMATION), CREATE A PROFILE, ACCESS A PROFILE, MODIFY USER CONTENT, AND/OR REMOVE USER CONTENT, YOU ACKNOWLEDGE AND AGREE THAT ROSTR MAKES NO GUARANTEE, WARRANTY, OR PROMISE AS TO WHETHER, WHEN, OR TO WHAT EXTENT YOU WILL BE ABLE TO DO SO, UNLESS EXPRESSLY INDICATED OTHERWISE.  PLEASE NOTE THAT, IN COMPLIANCE WITH THE EUROPEAN UNION’S GENERAL DATA PROTECTION REGULATION, ROSTR MAKES A GOOD-FAITH EFFORT TO FURNISH YOU WITH FUNCTIONALITY WHICH ALLOWS YOU TO PROMPTLY EFFECTUATE DELETION OF YOUR DATA AND INFORMATION TO THE EXTENT REQUIRED BY LAW.

• NEITHER ROSTR NOR ITS AFFILIATES MAKES ANY PROMISES OR WARRANTIES REGARDING THE ACTS AND OMISSIONS OF ANY THIRD PARTY. 

• ROSTR AND ITS AFFILIATES HANDLE PRIVATE, FINANCIAL, AND OTHERWISE SENSITIVE DATA AND INFORMATION WITH REASONABLE SECURITY AND CARE; HOWEVER, WE CANNOT AND DO NOT GUARANTEE THAT ANY PROCESSING  OF DATA AND/OR INFORMATION IS 100% SECURE.  TO THE EXTENT LEGALLY PERMITTED, ROSTR AND ITS AFFILIATES EACH DISCLAIM ALL LIABILITY IN CONNECTION WITH ANY UNDESIRED AND/OR HARMFUL ACCESS, DISCLOSURE AND/OR USAGE OF YOUR DATA AND/OR INFORMATION INSOFAR AS THE ACCESS, DISCLOSURE AND/OR USAGE RESULTS FROM ACTS AND/OR OMISSIONS OTHER THAN THE SOLE NEGLIGENCE OF ROSTR OR ONE OF ITS AFFILIATES, RESPECTIVELY.

• IT IS ENTIRELY YOUR RESPONSIBILITY TO ASSESS THE ACCURACY, RELIABILITY, UP-TO-DATENESS, VIABILITY AND APPROPRIATENESS OF OUR SERVICES – AND ANY DATA, INFORMATION, MATERIALS, AND CONTENT THERETHROUGH AVAILABLE – ESPECIALLY AS THEY RELATE TO YOUR SPECIFIC NEEDS.  YOU ASSUME THE ENTIRE COST OF ALL SERVICES, REPAIRS, CORRECTIONS, REPLACEMENTS, DEBTS, LIABILITIES, OR OTHER EXPENSES THAT MAY ARISE FROM AN ATTEMPT TO USE OR THE ACTUAL USE OF OUR SERVICES AND/OR ANY INFORMATION, DATA, MATERIALS, AND/OR CONTENT THERETHROUGH AVAILABLE. 

• YOU ACKNOWLEDGE THAT ROSTR’S THIRD PARTY PROVIDERS MAY IMPOSE THEIR OWN DISCLAIMERS, WAIVERS, AND/OR LIMITATIONS.  YOU THEREFORE AGREE THAT THE DISCLAIMERS, WAIVERS, AND LIMITATIONS APPEARING IN THESE TERMS & CONDITIONS WILL ONLY SERVE TO SUPPLEMENT– AND IN NO MANNER DIMINISH, ELIMINATE, OR SUPPLANT – THE FORCE AND EFFECT OF DISCLAIMERS, WAIVERS, AND/OR LIMITATIONS OF OUR THIRD PARTY PROVIDERS.  INSOFAR, AS THERE IS ANY CONFLICT BETWEEN A DISCLAIMER, WAIVER, AND/OR LIMITATION BY ROSTR AND A DISCLAIMER, WAIVER, AND/OR LIMITATION BY ONE OF OUR THIRD PARTY PROVIDERS, YOU AGREE THAT YOU WILL CONSIDER THE APPLICABLE TERM TO BE WHICHEVER PROVIDES THE GREATER PROTECTION FOR ROSTR, AS PERMITTED UNDER LAW, NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY AND NOT TO THE DETRIMENT OR WAIVER OF ANY OTHER PROVISION HEREIN SPECIFIED.

8.3. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU HEREBY AGREE, ON BEHALF OF YOURSELF, AS WELL AS YOUR EXECUTORS, ADMINISTRATORS, HEIRS AND ASSIGNS, TO FULLY AND UNCONDITIONALLY RELEASE ROSTR AND ITS AFFILIATES FROM ANY AND ALL INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, RELIANCE AND/OR PUNITIVE DAMAGES WHICH ARISE OUT OF AND/OR RELATE TO ROSTR’S ACTIONS, OMISSIONS, SERVICES, AND/OR THIRD PARTY PROVIDERS, INCLUDING WITHOUT LIMITATION MATTERS RELATING TO (A) USER CONTENT, (B) LISTING, CONTACT, AND/OR PROFILE INFORMATION PUBLISHED BY ROSTR; AND/OR (C) OUR PRACTICES WITH RESPECT TO PRIVACY, DATA, AND THE COLLECTION, PUBLICATION, AND/OR USAGE OF INFORMATION.   TO THE EXTENT PERMITTED BY LAW, THIS CLAUSE EMBRACES, BUT IS NOT LIMITED TO, A FULL AND UNCONDITIONAL RELEASE FROM: LOST PROFITS; LOST REVENUE; LOSS OF OPPORTUNITY; DELAY; HARM TO REPUTATION; LOSS OF USE OF SERVICES, OR ANY ASSOCIATED PRODUCTS OR SERVICES; PERSONAL INJURY, GRIEVOUS BODILY HARM, AND/OR WRONGFUL DEATH; LOSS OF ENJOYMENT; INTERRUPTION OF BUSINESS; COST OF CAPITAL, FACILITIES, SERVICES, LABOR, AND/OR SALARIES; DOWNTIME, SHUTDOWN, AND/OR SLOW-DOWN COSTS; SPOILAGE OF MATERIALS; INACCURACY, DESTRUCTION, AND/OR LOSS OF ANY DATA; ANY DAMAGES MULTIPLIER, INCLUDING, BUT NOT LIMITED TO, ANY PROVISION AT LAW FOR DOUBLE OR TREBLE DAMAGES; ATTORNEY FEES; LITIGATION COSTS; THE COST OF SUBSTITUTE SERVICES; ANY ADDITIONAL PENALTIES (INCLUDING, WITHOUT LIMITATION, ADMINISTRATIVE AND/OR CIVIL PENALTIES); AND ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, RELIANCE AND/OR PUNITIVE DAMAGES – EVEN IF ROSTR AND/OR ITS AFFILIATES WERE ADVISED AS TO THE POSSIBILITY OF SUCH. INSOFAR AS IT IS LEGALLY PERMITTED, THIS CLAUSE (A) APPLIES REGARDLESS OF WHETHER THE MATTER (A) IMPLICATES NEGLIGENCE, INTENTIONAL CONDUCT, STRICT LIABILITY, OR OTHERWISE; AND/OR (B) INVOLVES A STATUTORY, TORT, CONTRACTUAL AND/OR OTHER DISPUTE.  TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE MAXIMUM AGGREGATE LIABILITY FOR DAMAGES, HARMS, LOSSES, COSTS, FEES, EXPENSES, PENALTIES, AND FINES ARISING OUT OF OR RELATING TO ROSTR, OUR AFFILIATES, AND/OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT PAID FOR SUBSCRIPTION AND/OR PREMIUM SERVICES WITH ROSTR; OR (B) $2.00.

8.4 INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD ROSTR AND ITS AFFILIATES HARMLESS IN CONNECTION WITH ANY AND ALL THIRD PARTY DISPUTES, CONTROVERSIES, AND/OR CLAIMS FOR DAMAGES, HARMS, DEBTS, LOSSES, LIABILITIES, STATUTORY REMEDIES, FINES, FEES, COSTS AND EXPENSES AND/OR PENALTIES ARISING OUT OF, OR RELATING TO YOUR USE OF SERVICES AND/OR YOUR ACTS AND/OR OMISSIONS IN CONNECTION WITH SERVICES, REGARDLESS OF WHETHER SAID ACTS AND/OR OMISSIONS ARE ALLEGED TO HAVE RESULTED FROM NEGLIGENCE, RECKLESSNESS, KNOWING INTENT, OR STRICT LIABILITY; THIS INDEMNIFICATION PROVISION INCLUDES, WITHOUT LIMITATION, DISPUTES, CLAIMS, AND/OR CONTROVERSIES ARISING OUT OF AND/OR RELATING TO (A) YOUR USE OF OUR LISTINGS AND/OR PROFILES; (B) YOUR USER CONTENT; AND (C) ANY INFORMATION PROVIDED BY YOU WHICH RELATES TO A THIRD-PARTY.   YOU ACKNOWLEDGE AND AGREE THAT ROSTR AND ITS AFFILIATES RESERVE THE EXCLUSIVE RIGHT TO CONTROL THE DEFENSE, SETTLEMENT, AND SELECTION OF COUNSEL IN CONNECTION WITH ANY CLAIM, DISPUTE, OR CONTROVERSY FOR WHICH YOU ARE BOUND TO PROVIDE INDEMNIFICATION BY THIS CLAUSE OR ANY OTHER TERM OR CONDITION.

8.5 THIRD PARTIES

OUR SERVICES MAY MAKE USE OF THIRD PARTY SERVICES, FEATURE THIRD PARTY CONTENT, DISPLAY THIRD PARTY ADVERTISEMENTS, RUN THIRD PARTY APPLICATIONS, AND/OR LINK TO THIRD PARTY WEBSITES. FOR EXAMPLE, YOU MIGHT SEE US USE A THIRD PARTY LIKE FACEBOOK FOR LOGGING-IN OR YOUTUBE FOR VIDEOS; YOU MIGHT ALSO SEE ROSTR USE THIRD PARTIES TO FACILITATE MARKETING/PROMOTIONAL COMMUNICATIONS, FINANCIAL TRANSACTION AND CUSTOMER SERVICE ISSUES.  NEITHER ROSTR NOR ANY OF ITS AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY THIRD PARTY’S INFORMATION, CONTENT, DATA, MATERIALS, PRODUCTS, AND/OR SERVICES WITH WHICH YOU COME INTO CONTACT VIA OUR SERVICES.    ROSTR AND ITS AFFILIATES DISCLAIM ANY ENDORSEMENT RELATING TO, AND LIABILITY FOR (A) LINKS OR FEEDS TO OUR SERVICES FROM ANOTHER SITE; AND (B) LINKS OR FEEDS FROM OUR SERVICES TO ANOTHER SITE.  WE DO NOT EXAMINE OR AUDIT ANY THIRD PARTY SERVICES OR PRODUCTS, AND WE DO NOT ENDORSE ANY THIRD PARTY SERVICES OR PRODUCTS UNLESS WE EXPRESSLY INDICATE OTHERWISE IN WRITING.  YOU ARE SOLELY RESPONSIBLE FOR EVALUATING ANY THIRD PARTY SERVICES AND PRODUCTS – YOU ACCESS AND/OR USE THESE SERVICES AND PRODUCTS AT YOUR OWN RISK AND AGREE THAT NEITHER ROSTR NOR ANY OF ITS AFFILIATES IS RESPONSIBLE FOR ANY CLAIMS, OBLIGATIONS, LIABILITIES, COSTS, DEBT, EXPENSES, LOSSES, DAMAGES, CHARGES, FEES, PENALTIES, OR FINES, ARISING OUT OF OR RELATING TO THE INFORMATION, CONTENT, DATA, MATERIALS, AND OTHER SERVICES AND OFFERINGS AVAILABLE ON OR THROUGH THESE THIRD PARTY SERVICES AND PRODUCTS. THEREFORE, WE ENCOURAGE YOU TO CAREFULLY REVIEW ALL THIRD PARTY TERMS AND CONDITIONS, PRIVACY POLICIES, OPERATIONAL HISTORIES, AND SECURITY PROTOCOLS BEFORE PROCEEDING.  

8.6. INJUNCTIVE RELIEF

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL YOU SEEK TO ENJOIN OR RESTRAIN ROSTR OR ANY OF ITS AFFILIATES FROM PROVIDING SERVICES, INCLUDING, WITHOUT LIMITATION: OPERATING THE WEBSITE ROSTR.CC; PROVIDING LISTING AND PROFILE INFORMATION PERTINENT TO THE MUSIC INDUSTRY; CREATING, DISTRIBUTING, AND EXHIBITING CONTENT RELEVANT TO THE MUSIC INDUSTRY; CONNECTING PERSONS INTERESTED AND/OR INVOLVED IN THE MUSIC INDUSTRY; AND/OR STAYING IN TOUCH WITH OUR PROSPECTIVE AND ACTUAL USERS, PAST AND FUTURE.  YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY LAW, YOU ARE NOT ENTITLED TO INJUNCTIVE RELIEF, RESCISSIONS, OR ANY OTHER EQUITABLE REMEDY IN CONNECTION WITH THESE TERMS & CONDITIONS AND ANY AGREEMENT HERETO RELATING, EXCEPT THAT AN ARBITRATOR MAY AWARD INJUNCTIVE RELIEF OR REQUIRE SPECIFIC PERFORMANCE, BUT ONLY TO THE EXTENT NECESSARY TO RESOLVE YOUR INDIVIDUAL CLAIM(S).

9. Choice of Law, Jurisdiction, Mandatory Arbitration & Class Action Waiver

9.1 Choice of Law & Venue

You and ROSTR agree that any claim, dispute, suit, matter, or controversy arising out of or relating to ROSTR, our Services and/or these Terms of Service will be construed and governed in accordance with the laws of the State of California, without regard to its conflict of laws principles.  All disputes will be arbitrated (or, if the mandatory arbitration clause herein specified is found to be invalid, litigated) in Los Angeles, CA.  You hereby waive any defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum non conveniens.  You acknowledge and agree that this provision is not intended to, in any manner, limit or negate the force or effect of the clause entitled “Arbitration of Claims.” 

9.2 MANDATORY ARBITRATION OF CLAIMS

You and ROSTR acknowledge and agree that any and all claims, disputes, suits, matters, or controversies between you and ROSTR arising out of or relating to ROSTR, our Services, and/or these Terms & Conditions shall be settled exclusively and finally by arbitration, and that you are hereby waiving your right to seek relief in a court of law, including waiver of your right to a trial by jury or a judge.   To the extent legally permitted, each party shall advance its own costs, expenses, and fees in an arbitration hereunder.  Arbitration shall be conducted by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules and before a single, neutral arbitrator to be mutually selected by the parties. To the extent permitted by the arbitrator, the arbitrator will conduct any hearings by telephonic or video conference appearance, rather than in-person. Any award rendered in an arbitration proceeding hereunder shall be final and binding on each of the parties, and judgment may be entered thereon in any court of competent jurisdiction.  This agreement to arbitrate shall be enforceable under and subject to the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq.

9.3 CLASS ACTION WAIVER

You agree that you may only pursue a claim, dispute, suit, matter, or controversy arising out of or relating to ROSTR, our Services, these Terms of Service, and/or any other agreement you may have formed with us in an individual capacity.  You agree that you shall not be involved with any class or representative proceeding – or otherwise participate as a lead plaintiff or class member, in a putative or certified class – involving any claim, proceeding, action, controversy, or dispute arising out of or relating to ROSTR, our Services, our Affiliates, our Terms of Service, and/or any other agreement you may have attempted to or actually formed with us. 

9.4 Reporting Issues to Local, State & Federal Officials

To be clear: nothing in this Agreement, including the Mandatory Arbitration provision and other language, is intended to prevent you from bringing issues (including, without limitation, matters relating to ROSTR, our Affiliates, and these Terms of Service) to the attention of local, state, or federal officials and/or agencies as you deem appropriate.

10. Miscellaneous but Important

10.1 Assignments

Except as expressly permitted otherwise in writing, you may not assign, delegate, sell, or transfer any of your rights or obligations under this Agreement. Notwithstanding anything herein contrary, ROSTR may freely assign, delegate, sell, and/or transfer its rights and obligations under this Agreement – and any assets relating to, arising out of, and/or concerning this Agreement – including without limitation circumstances of sale, merger, acquisition, reincorporation, consolidation, reorganization, or other change of control.  This Agreement will be binding on your heirs, assigns, administrators, and other legal represents, and shall inure to the benefit for ROSTR and any of its successors and/or assigns.

10.2 Force Majeure

You acknowledge and agree that ROSTR shall hold no liability or responsibility for any harm, damages, penalties, losses, costs, expenses, fees, or issues that result from factors beyond the scope of our reasonable control.  This includes without limitation, acts of God, weather, the shutdown of carriers, transportation, and/or utilities, strikes and protests, acts of warfare and/or terrorism, and actions taken by government agencies.  

10.3 Severability

If any of the terms and conditions herein – or any portion(s) of any terms or conditions – are held unenforceable, the impact of that unenforceability (i.e. limitation or exclusion of terms) will be construed as narrowly as possible to the extent permitted by law; moreover, the remainder of the Terms of Service herein – and all other portions thereof – shall nevertheless remain in full force and effect to the extent legally permissible.  Your jurisdiction may not allow the disclaimer of certain warranties or limitations of certain types of damages.  Thus, it is possible that portions of these Terms of Service may not apply to you.  However, the limitation or exclusion of a particular disclaimer, restriction, limitation, term, or condition shall, in no manner, impact any other provision herein, nor shall it affect the validity or force of that disclaimer, restriction, limitation, term, or condition in other jurisdictions, to the extent allowed by law.  

10.4 Translation  

Any translation of these Terms of Service is merely provided as a convenience.  Any discrepancy or dispute involving a translated version of these Terms of Service and the English version of these Terms of Service shall be resolved in favor of the English version.

10.5 Non-Waiver 

You acknowledge and agree that any failure by either party to require the other’s strict adherence to any term or condition herein shall, in no manner, be construed as a waiver of any right by that party, nor shall such a failure be construed to remove or dilute the effect of any term, condition, or requirement herein stated.  In other words, ROSTR may enforce and/or exercise our rights under these Terms of Service as we deem fit, without having to waive them at any point.

10.6 Affiliate Ads & Marketing

We reserve the right to run advertisements and promotions through our Services, and to receive a contingency payment, structured payment, bonus and/or commission in connection with our ads and promotions.

10.7 Non-Endorsement  

Your words and actions are yours and yours alone – and the same goes for third parties.  You acknowledge and agree that ROSTR does not support, endorse, assume liability for, or take responsibility for any User Content, any publicly-sourced information we distribute and/or exhibit, or any other third party statements or interactions arising out of or relating to our Services; any User Content, publicly-sourced information, and any third party statements and interactions solely reflect the statements, positions, and opinions of the person and/or entity creating the content, making the statement, and/or engaging in the interaction. You further acknowledge and agree that you will not hold ROSTR liable or responsible to the extent that a third-party uses our Services to publish or cause to be published information that (a) relates to you and/or a person/entity connected to you, and (b) is false, misleading, and/or private; this includes but is not limited to publications resulting from (a) creation of a profile without authorization of the person, company, or artist identified in the profile; (b) impersonation a person, company representative, or artist; (c) accessing a pre-populated profile without proper authorization from the person, company, or artist identified in the profile; (d) submission of false, misleading, and/or private information to ROSTR by a third party; and (e) the public appearance of false, misleading,  and/or private information by some person or entity other than ROSTR. Although ROSTR provides listings, contact information, profile information, and creative media relating to persons, companies, and artists involved in the music industry, you acknowledge and agree that such listings, information, and media, do not constitute an endorsement of, or affiliation with the persons, company, and/or artists therein reflected. 

10.8 Construed to Reflect Intent of Parties

Insofar as these Terms of Service include any errors or ambiguities related to spelling, grammar, or syntax – or any other clear errors or ambiguities – these errors and ambiguities shall be construed to reflect the intent of the parties.  This includes, without limitation: (a) any ambiguities, inconsistencies, misuses, or uncertainties around the usage of the word “and” vs. “or” vs. “and/or”; and (b) any ambiguities, inconsistencies, misuses, or uncertainties around the usage of the word “including” – which shall mean “including without limitation,” rather than as point of exclusion, unless otherwise noted.

10.9 Entire Agreement

These Terms of Service – taken along with the incorporated Statement on Privacy – represent the entire agreement between you and ROSTR with respect to your access to, and use of our Services.  These terms and conditions supersede any conflicting agreements or terms or conditions– however and whenever established – between you and ROSTR, unless ROSTR explicitly states otherwise in a signed writing, and we reject any term or condition, however and whenever set forth, that conflicts with any term or condition herein listed.  You hereby agree that any term or condition you set forth, however and whenever set forth, that conflicts with any term or condition herein listed, shall be void and of no force or effect, regardless of any statement or indication to the contrary, unless ROSTR explicitly states otherwise in a signed writing.

10.10 Export Control Laws

As with all applicable laws, rules, regulations, restrictions, and standards, you agree to abide by all applicable laws, rules, regulations, restrictions and standards concerning United States export controls, including, but not limited to, any applicable embargoes.

10.11 Digital Millennium Copyright Act (17 U.S.C. §512)

• Reporting Infringement.  If you believe that your copyrighted work appears in connection with our Services and/or is accessible through our Services in a way that constitutes copyright infringement, please notify ROSTR by providing us with the following information in writing to the address listed below: (1) the physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf; (2) a description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing; (3) identification of the URL or other specific location where the material or activity you claim to be infringing is located or is occurring; (4) your name, address, telephone number and, if you have one, your email address; (5) a statement by you that you have a good faith belief that use in our Services of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and (6) a statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner, or are authorized to act on behalf of the copyright owner.

• Counter-Claims of Infringement.  If you believe you are the subject of an improper infringement claim, please notify ROSTR by providing us with the following information in writing to the address listed below:  (1) the physical or electronic signature of either the copyright owner, or of a person authorized to act on the owner's behalf; (2) a detailed description of the copyrighted work you claim has been subject to an improper infringement claim; (3) identification of the URL or other specific location from where the allegedly infringing material has been removed, modified, and/or deleted; (4) your name, address, telephone number and, if you have one, your email address; (5) the following statement:  “I hold a legitimate, good faith belief that the allegedly offending material, as herein described, has been subject to complaint, removed, or rendered inaccessible as the result of misidentification, misfeasance, malfeasance, and/or mistake.  All of the factual information I have provided in connection with this document is true and correct.  I consent to the jurisdiction of the District Court in the United States judicial district in which I live – or, to the extent I reside outside the United States, in the Central District of California– and will accept service of process from the person, or the agent of the person who sent the initial notice of infringement to ROSTR.  All attestations herein are given under penalty of perjury.”

10.12 Headings  

Our headings and section titles – in these Terms of Service and the incorporated Statement on Privacy – are provided strictly for your convenience; they have no binding or representative effect on either Party.

11. Contacting ROSTR

• Legal Notices.  You agree that all legal notices and legal-related correspondence will be provided in hard copy to: ROSTR, Inc. Attention: Legal Department, 3435 Cabrillo Boulevard, Los Angeles, CA 90066.  

• California Consumer Affairs.  Per California Code of Civil Procedure 1789.3, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs: 1625 North Market Blvd., Sacramento, CA 95834; (916) 445-1254 or (800) 952-5210.

• Your feedback matters to us.  Please let us know if you have questions, concerns, or feedback regarding these Terms of Service or our Statement on Privacy by emailing legal@rostr.cc.  Likewise, please share any general feedback on ROSTR, our listings and profiles, and our other Services by emailing support@rostr.cc

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